Abstract
The 2023 criminal law reforms mark a major shift from colonial-era laws. The new
Bharatiya Nyaya Sanhita (BNS), Bharatiya Nagarik Suraksha Sanhita (BNSS), and Bharatiya Sakshya Adhiniyam (BSA) aim to modernize criminal law, procedures, and evidence rules. They bring digital processes, victim‑friendly measures, and clearer timelines.
Key changes include making mob lynching a specific offence, removing sedition, increasing reliance on electronic and forensic evidence, and digitizing procedures. However, critics argue that many sections resemble older laws with cosmetic changes. Concerns remain about reverse burdens of proof, civil liberties, police powers, and implementation issues.
Introduction
India’s criminal justice system, created during British rule, has long been seen as outdated and unsuitable for a modern democracy. The IPC (1860), CrPC (1973), and Evidence Act (1872) dominated for decades and emphasized state control rather than victim rights or rehabilitation. In 2023, the government introduced BNS, BNSS, and BSA to update criminal law, improve efficiency, and align with constitutional principles and technological developments.
Bharatiya Nyaya Sanhita (BNS)
BNS replaces the IPC and reduces sections from 511 to 358, making it simpler. Sedition (IPC 124A) is removed and replaced with BNS Section 150, which penalizes threats to India’s sovereignty. Critics fear misuse due to vague wording. Mob lynching is now a separate offence under Section 103(2).
BNS also covers organized crime, terrorism (Section 113), and cybercrime. However, it still retains the death penalty and criminalizes some consensual acts. Judicial precedents like Kedar Nath Singh and Shreya Singhal will guide interpretation to avoid misuse.
Bharatiya Nagarik Suraksha Sanhita (BNSS)
BNSS replaces the CrPC and expands to 531 sections, adding reforms to improve transparency and speed. Section 107 mandates videography of search and seizure to prevent misuse. Digital FIRs and zero FIRs are allowed under Section 173. Section 193 sets strict timelines for investigation and charge framing.
Forensic examination is mandatory for offences with punishment exceeding seven years (Section 176). However, expanded custody limits of 60–90 days (Section 187) raise constitutional concerns. Court rulings like Joginder Kumar and D.K. Basu emphasize safeguards against misuse.
Bharatiya Sakshya Adhiniyam (BSA)
BSA replaces the Evidence Act and modernizes evidentiary rules. Section 63 permits digital records such as emails, text messages, metadata, GPS data, and cloud files. Blockchain documents and digital signatures are recognized under Section 85.
Forensic and expert evidence like DNA and fingerprints are strengthened under
Section 58. Concerns arise due to reverse burden clauses, which may conflict with Article 20(3) and the presumption of innocence. Cases like Navjot Sandhu and Selvi v. State of Karnataka highlight constitutional protections.
Constitutional Implications
The reforms must comply with Articles 14, 19, 20, and 21, ensuring equality, free speech, fair punishment, and personal liberty. Some provisions raise constitutional concerns, especially extended custody and reverse burdens of proof. Criminal law being a concurrent subject requires state cooperation. Many colonial principles remain, raising questions about whether the reforms are truly transformative.
Conclusion
The 2023 reforms aim to modernize India’s criminal justice system and improve victim rights, forensic use, and digital processes. Their success depends on proper implementation, infrastructure, and constitutional safeguards. These laws should be seen as the beginning of long‑term reform requiring cooperation among courts, the government, and society.
Author Name: Nikita Meena, Lords University, Alwar
